Introduction
The institution of law is analysed in terms of two basic terms. These concepts are order and justice. They are indispensable for understanding the formal structure and substantive objective of the law. These concepts and their relationship with each other is discussed further.
Order
The term order is generally used in describing the formal structure of the legal substance. The concept of order implies the existence of some measures of uniformity, continuity and consistency in the operation of the natural and social process. The notion of disorder, on the other hand, indicates the prevalence of discontinuity and irregularity. This results in the occurrence of unpredictable jumps from one state of affairs to another. The order element in law is concerned with the adoption of certain rules of organisation and standard of conduct by a group of social or political persons. These rules and standards are designed to give pattern and structure to the diverse human activities and thus avoid unregulated chaos. Therefore, the concept of order relates to the forms of social life rather than to its substance and quality.
It must be noted that merely the adoption of orderly, well-defined rules granting a functional structure does not safeguard people against the unreasonable or oppressive rule. For e.g. A state might adopt a legal system in which judges are selected on the basis of the property. For the removal of such arbitrariness, we have to keep in mind the notion of justice.
Justice
It is the notion of justice which directs our attention to the fairness and reasonableness of rules, principles and standard of legal systems. According to Plato, justice consists in a harmonious relationship between the various parts of the social organisation. Platonic justice further signifies that the members of each class of society must have their own business and not mingle with the business of others.
A different approach was taken by Aristotle, in his opinion, justice consists of “some sort of equality.” Equal things shall be given to equal persons and unequal things to unequal persons. Justice is nothing but fairness or reasonableness of legal principles.
The relationship between Order and Justice
A legal system in order to fulfil its functions properly must aim at the creation of order as well as a realisation of justice. While order focuses on the formal structure of the social and legal system, justice looks to the content of legal norms and institutional arrangement, their effect on human beings and their contribution to human happiness and the building of civilizations.
In a healthy legal system, the value of order and justice are not normally at cross purpose. On the contrary, they are locked together in a higher union.
A legal system that cannot meet the demand of justice will be unable in the long run to provide order and peace for the body politic. Justice, on the other hand, cannot be accomplished without an orderly system of judicial administration which will ensure the equal treatment of equal situations. Thus, the order of maintenance to some extent is conditioned by a reasonably sound system of law while justice means helping hand of order to perform some of its essential functions.
Justice requires the equal treatment of equal or substantially similar situations since there may be differences in opinion among various judges. Adopting binding standards become essential for the proper discharge of judicial justice, without which even a single judge would not be able to administer justice fairly without such statements. Also, occasionally a deviation from the legal order is necessary for legal justice.
Conclusion
Maurice Hauriou has stated that law possessed a form and a matter. Its form is that of rules and judicial acts administering them. Its matter is the content of these rules aiming at the realisation of certain values. A social order entirely devoid of the formal element would not qualify as a legal system. But, the basic requirement of generality does not exclude an occasional departure from rules and principles in the interest of individual equality.
Thus, the law is nothing but a product of order and justice. The required synthesis of the two values, i.e. order and justice may be summed up as a law which requires the creation of a just societal order.
